Ex Parte Kim

Patent Trial and Appeal Board

Aug 27, 2013

11165426 (P.T.A.B. Aug. 27, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte HYEONG GWON KIM
____________

Appeal 2011-004031
Application 11/165,426
Technology Center 2600
____________

Before CARL W. WHITEHEAD, JR., ERIC S. FRAHM, and
ANDREW J. DILLON, Administrative Patent Judges.

DILLON, Administrative Patent Judge.

DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s
rejection of claims 1-24. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
Appeal 2011-004031
Application 11/165,426

2
STATEMENT OF THE CASE
According to Appellant, an embodiment of the invention addresses an
unwanted “white clip effect” (Spec., ¶ [0007]) of displayed images as
follows:
The image compensator 70 compares an average brightness
value of a predetermined area (corresponding to the mode
control signal) with an average brightness value of the other
areas having at least one area in the image photographed by the
camera module 80, and then transmits a compared result
(hereinafter, referred to as “control value”) to the controller 60.
At this time, the controller 60 lowers the brightness of the
image photographed by the camera module 80 in
correspondence with the control value, thereby displaying the
image on the light emitting display 100.
Id. at ¶ [0051].
Independent claim 1 is illustrative, with emphasis on a key disputed
feature:
1. A display apparatus comprising:
a light emitting display;
a camera module for taking a plurality of pictures;
a brightness controller for generating a voltage
corresponding to a gradation value of image data of a frame for
each of the pictures transmitted from the camera module based
on a gamma curve, and for applying the voltage to the light
emitting display;
a controller for controlling the camera module and the
brightness controller; and
an image compensator for creating a control value based
on an average value of first brightness data corresponding to a
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Application 11/165,426

3
predetermined region of the frame transmitted from the camera
module and at least one of respective average values of
respective second brightness data corresponding to any other
regions of the frame transmitted from the controller,
wherein the controller is configured to reset a value
selected from the group consisting of an amplitude and a
gradient of the gamma curve based on the control value for
each of the pictures, and
wherein the image compensator is configured to create
the control value before one of the pictures corresponding to the
image date utilized to create the control value is displayed on
the light emitting display.
The Examiner relies on the following references as evidence of
unpatentability:
Bianchi US 2004/0100478 A1 May 27, 2004
Fujino US 7,327,391 B2 Feb. 5, 2008
Vale US 2003/0146977 A1 Aug. 7, 2003
REJECTION
The Examiner rejected claims 1-24 under 35 U.S.C. § 103(a) as
unpatentable over Bianchi and Fujino. Ans., pp. 3-17.1
FUJINO
Fujino’s Figures 17(a) and 17(b) are reproduced below at top and
bottom, respectively.

1 Throughout this opinion, we refer to the Appeal Brief filed July 8, 2010
(“App. Br.”) and Examiner’s Answer mailed October 7, 2010 (“Ans.”).
App
App

eal 2011-00
lication 11
Fig. 17 (
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Fig. 17(b
Fujino’s
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boundar
4031
/165,426
a)
COLOR
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Appeal 2011-004031
Application 11/165,426

5
ANALYSIS
The Examiner and Appellant dispute whether the embodiment of
Fujino’s Figures 17(a) and (b) teaches the emphasized “control value” of
reproduced claim 1. The Examiner finds:
[I]t is well known in the art to use multiple sampling region of
an image to achieve more precise measurement values. As an
example, Fujino is cited to show multiple areas being measured
and correcting color based on such measurement (fig. 17a, b,
the image has several portions including CBA1 and CBA2
which is calculated to allow for correction).
Ans., p. 18.
Appellant responds to these findings as follows:
While Fujino discloses how the areas CBA1 and CBA2
of the image IMG17 are selected for color shift calculation
based on the brightness threshold values Lth1 and Lth2 and the
saturation threshold values Stth1 and Stth2, Fujino does not
disclose or even suggest that a control value be created based
on: 1) an average value of brightness data corresponding to
pixels in area CBA1; and 2) another average value of brightness
data corresponding to pixels in area CBA2.
App. Br., p. 6.
Appellant’s argument is persuasive. The embodiment of Fujino’s
Figures 17(a) and (b) does not determine an average brightness of the
illustrated regions CBA1 and CBA2. Rather, the two regions CBA1 and
CBA2 merely exemplify, side-by-side, two regions that could each be used
to calculate a color shift and in turn to determine a color shift adjustment.
Fujino, col. 13, ll. 3-22; col. 14, l. 4 – col. 15, l. 2; col. 17, ll. 40-51. In the
figures, the two regions CBA1 and CBA2 are defined by two respective
pairs of threshold values for brightness Lth and saturation Stth. Id. A color
Appeal 2011-004031
Application 11/165,426

6
shift calculation is based on whatever particular region results from these
thresholds, e.g., is based on one of the illustrated regions CBA1(Lth1,
Stth1), CBA2 (Lth2, Stth2). Id.
We note that Fujino contemplates a color shift calculation based on
multiple display regions, stating:
Pixels used in calculating color shift need not compose a single
area as shown in FIG. 14(a), but may be isolated from one
another. That is, all pixels meeting the aforementioned
[brightness and saturation] conditions . . . are selected as pixels
for use in calculating color shift.
Fujino, col. 14, l. 65 – col. 15, l. 2. However, that is not to say – and the
Examiner has not shown – Fujino calculates a color shift and in turn
determines a color shift adjustment from respective brightness averages of
such multiple pixel areas.
ORDER
For the foregoing reasons, the Examiner’s decision rejecting claims
1-24 is reversed.
REVERSED

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